1805238 (Refugee)

[2018] AATA 999

1805238 (Refugee) [2018] AATA 999 (26 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1805238

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Amanda Paxton

DATE:26 March 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 26 March 2018 at 2:31pm

CATCHWORDS
Refugee – Protection Visa – Malaysia – Application not made within required timeframe

LEGISLATION
Migration Act 1958, ss 65, 494C
Migration Regulations 1994, 4.31(2)

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Immigration [in] January 2018 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 27 February 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. As the applicant was not in immigration detention on the day the applicant was notified of the decision, an application for review of the decision had to be made within 28 days, commencing on that day: r.4.31(2) of the Migration Regulations 1994.

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated [in] January 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 5 March 2018 the Tribunal emailed to the applicant indicating its preliminary view that the application for review was not made within the relevant time limit. It was noted that the primary decision was emailed to the applicant [in] January 2018 and, on that basis, [that date in] January 2018 was the date on which the applicant was taken to have been notified. On that basis, the last day for lodging the application for review was [a particular date in] February 2018.  As the application was not received until 27 February 2018, it appeared to be out of time. The applicant was invited to make comment on whether a valid application has been made. As at 26 March 2018, the applicant has not responded to this invitation.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on [a particular date in] January 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on [a particular date in] February 2018.

6. As the application for review was not received by the Tribunal until 27 February 2018 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

7. The Tribunal does not have jurisdiction in this matter.

   Amanda Paxton
   Member